My soon-to-be-ex-wife receives child support from multiple fathers of her other children.
Will the court consider the amount of child support income my wife is receiving for her other children when determining a new child support order for the child we had together?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child support laws where I am licensed to practice.
Since child support is paid for the benefit of the child, not the parent, child support received for the benefit of the mother’s other children is not considered income when preparing the child support worksheet for your child with her.
Since it is your obligation to support your child, the court may not be willing to lower your obligation solely based on the amounts paid by the other fathers.
You may be able to argue that the mother is voluntarily under employed due to the amount she receives in child support for the other children and use that to impute additional income to the mother. Whether to impute income to the mother will be at the trial court’s discretion.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.